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Home My WebLink About08-28-1989 Regular Meeting1043 STATE OF ALABAMA X COUNTY OF BALDWIN X The City Council, City of Fairhope, met in regular session at 5:30 pm; Fairhope Municipal Complex Council Chamber; 161 North Section Street; Fairhope, Alabama 36532; on Monday, 28 August 1989. Present were Mayor James P. Nix; Councilmembers Roy C. White, Jeanette Puckett, David E. Bishop, Michael A. Ford, and Barney L. Shull; City Attorney Marion Wynne and City Clerk Evelyn Phillips. No one was absent. There being a quorum present, Mayor Nix called the meeting to order. Minutes of the 14 August 1989 regular session were duly approved. Council reviewed an application for a Restaurant Liquor License by Peter A. Cummingham, dba P.J. CUNNINGHAM'S, at 800 North Section Street. This establishment was the Magnolia Bar $ Grill, application due to a new owner and name change. No one present was opposed to the license. There was police approval of the applicant. Councilman Shull moved to approve the license. Seconded by Councilman Ford, motion passed unanimously. Council reviewed an application for a Beer Off -Premises License and a Wine Off -Premises License by James E. Nickerson, dba THE DELTA MART, at 150 South Section Street. There was a large delegation present in opposition to these licenses. Mr. Nickerson spoke in favor of approval saying his lack of these licenses gave his competitors an unfair advantage and there would be no beer or wine sold on Sundays. Several people spoke in opposition to the licenses, most of them representing the United Methodist Church which is directly across the street from the Delta Mart and other Churches located within a block of the Delta Mart. This type application by the Delta Mart has been denied several times in the past, the last time being in July, 1984, and Council was reminded that nothing has changed. Councilman Bishop moved to deny the application. Seconded by Councilman White, motion to deny passed unanimously. Mr. Gary Moore, representing the Fairhope Yacht Club, and Mr. Tom Hutchins, representing Eastern Shore Marine, Inc., addressed the Council on the subject of rip -rap jetties in Flying Creek. The long discussion covered several points:, such as the planned dredging of the Creek by the Corps of Engineers this fall may be the last time this work can be done without charge; the need for dredging has become more frequent in recent years; the Harbor Board recommends the jetties; the time for placing the jetties would be more effective if done right after the dredging this fall; and while funding for the jetties might go as high as $148,000.00, perhaps 28 August 1989 1044 the approximately $2,000.00 per month paid as rent by Eastern Shore Marine could be earmarked to defray some of this cost. Mr. Moore and Mr. Hutchins presented a 4-page study which they said was not a "plan" or "cut-and-dried" method for the proposed jetties but just as a "starting point" for consideration to construct jetties. Mayor Nix said he and the Council appreciate the work and thought given to the subject by Mr. Moore and Mr. Hutchins but any project of this size would have to be thoroughly inves- tigated, with expert input from a source such as the Corps of Engineers, before any course of action could be planned. (During the above discussion, City Clerk Phillips had to excuse herself due to a bad cough and Acting City Clerk Betty Rivenbark completed these minutes.) The 1989 Public Improvements Assessments Project, located near the Golf Course, involving property owned by QUAIL CREEK JOINT VENTURE and DO-LEEN, INC., and designated as Quail Creek Estates, has been completed. Due to there being only two property owners --the final publications, 20-day notices to property owners, and the final public hearing have been waived as unnecessary delay and expense. A final Ordinance closing the project and assessing the property was introduced in writing by Councilman Shull. (Ordinance No. 841) In order to take immediate action, Councilman Bishop moved to suspend the rules. Seconded by Councilman Ford, motion to suspend passed unanimously by the following vote: AYE - White, Puckett, Nix, Bishop, Shull, and Ford. NAY - none. Councilman Shull then moved for final adoption of Ordinance No. 841. Seconded by Councilman Ford, motion to adopt passed by the following vote: AYE - White, Puckett, Nix, Bishop, Shull, and Ford. NAY - none. Council read a written request from the Jubilee Jaycees asking permission to use the parking lot (formerly the used car lot of Gaston Ford) on Bancroft Street for a "Jail-n-Bail" March of Dimesfund-raiser on September 15th and 16th. Councilwoman Puckett moved to approve the request. Seconded by Councilman Shull, motion passed unanimously. The Recreation Board requested permission to use the Recreation Capitol Improvements Fund to purchase a lawn mower. Bids were opened on the lawn mower by the Purchasing Agent and Supt. Phil Rutherford earlier in the week and they recommended purchasing the mower from the lowest bidder, Gulf Shore Turf Supply of Pensacola, at $8,845.00. A tabulation of all bids failed to reach the Council and the Purchasing Agent was not present. Councilman Ford moved to approve the use of the Improvement Funds and authorized a purchase order be issued to Gulf Shore Turf Supply for $8,845.00 for the lowest bid, provided all specifications are met. The bid tabulation is to be presented for ratification at the next regular Council session. Seconded by Councilman Shull, motion passed unanimously. 28 August 1989 1045 The following action on bid reports was taken: FOR RYEGRASS SEED - Golf Course Vendor Total Cost Tieco Gulf Coast, Inc Pensacola, F1 $ 6,720.00 Lesco, Inc Rocky River, Oh $ 6,020.00 alternate $ 6,790.00 Terra International Summerdale $ 6,230.00 Gulf Shore Turf Supply Pensacola, F1 $ 6,370.00 Beard Equipment Co Pensacola, F1 No Bid Don Cotton & Co. Andalusia No Bid Delivery By October 20 10 - 15 days if 5 days Per Bid Specs The Lesco, Inc., bid does not meet specifications, therefore we recommend acceptance of lowest bid meeting specifications; Terra International at $6,230.00. --W. Smith, Purch. Agt. --T. Mitchell, Golf Groundsman Councilman Bishop moved to accept the Terra International bid at $6,230.00. Seconded by Councilman Shull, motion passed unanimously. FOR A LIMB CHIPPER - Electric Dept. Vendor Total Cost Duncan Equipment Co. Birmingham $ 135,490.00 Truck Equipment Co. Mobile $ 12,480.62 Ingram Equipment Co. Birmingham alt $ 11,165.00 Delivery 21 - 30 days 10 days 30 days Ingram's bid did not meet specifications, therefore we re- commend acceptance of lowest bid meeting specifications, Truck Equipment Company at $12,480.62. --W. Smith, Purch. Agt. --A. Norris, Electric Dept. Councilman Bishop moved to accept the Truck Equipment Company bid at $12,480.62. Seconded by Councilman Ford, motion passed unanimously. 28 August 1989 1046 On a call for any Committee Reports, Councilman White reported that his Committee on the Sister Cities invitation from E1 Alto, Bolivia, would make a report at the next regular Council Session. For the Garbage $ Trash Committee, Councilman White introduced a proposed Ordinance. Mr. White had sent copies of this ordinance to the Council prior to meeting and several changes were suggested: a definition of "garbage" and "trash" to be included in the Definitions section.; the section prohibiting placement of garbage/trash for pickup prior to 8:00 am on the day before pickup day should exclude leaves, limbs, straw, and plant prunings; and the $100.00 fine section should say "not to exceed $100.00". The ordinance, with the above and other changes that may be suggested, will be considered again at a public hearing at the next regular Council session. For the Stop Signs Committee, Councilman White reported his committee was reluctant to see 4-Way Stop Signs placed in the locations mentioned at an earlier session because they would not solve the problems in those areas. After much study, Councilman White moved to place a 4-Way Stop Sign at Coleman $ Pleasant, leave the 4-Way Stop Sign at Coleman and Hospital Drive, and remove any other 4-Way Stop Signs in the area. Seconded by Councilwoman Puckett, motion passed unanimously. Mrs. Claudine McClintock advised Council of several obser- vations she had made at the Beach ---such as the number of out -of -county cars compared to Baldwin County cars, the lack of a gate attendant, and teenagers crowding around the gate --- and suggested a closer check be made of gate receipts. Mayor Nix announced the Fairhope Single Tax Corporation are planning a special program for Henry George Day on September 2nd. A welcoming ceremony will be held at 9:.45 am at Henry George Park, a cake -cutting and special music will be provided downtown until 2:00 pm. Police Reserve Secretary Bob.Lunsford.asked that Tunstall be removed from the Police Reserve roster. by Councilman White. Seconded by Councilman Ford, passed unanimously. Meeting was duly adjourned at 7:.16 pm. V�4a ame ix, ay r Cit Ark Y 'r L_ U Actin# City Clerk Mark Steve So moved motion